Daily Archives: June 4, 2026

Writ petition dismissed as alternate statutory appellate remedy must be availed against reasoned adjudication orders.

By | June 4, 2026

Writ petition dismissed as alternate statutory appellate remedy must be availed against reasoned adjudication orders. Issue Whether a writ petition can be entertained under Article 226 of the Constitution against a Show Cause Notice (SCN) and a consequential Order-in-Original (OIO) issued under Section 74, when the petitioner participated in the adjudication proceedings and has an… Read More »

Category: GST

INCOME TAX CASE LAW 04.06.2026

By | June 4, 2026

INCOME TAX CASE LAW 04.06.2026 INCOME TAX CASE LAW 04.06.2026 Relevant Act Section(s) Case Law Title Citation Brief Summary Income Tax Act, 1961 Sec. 80P, 80AC, 139 T943 Vickrapandiyam Primary Agricultural Co-operative Credit Society Ltd. vs. Chief Commissioner of Income-tax Click Here Rejection of condonation of delay applications solely for non-furnishing of particulars is unsustainable.… Read More »

Final assessment order served after the statutory deadline is invalid and barred by limitation.

By | June 4, 2026

Final assessment order served after the statutory deadline is invalid and barred by limitation. Issue Whether a final assessment order passed by the Assessing Officer pursuant to Dispute Resolution Panel (DRP) directions is legally barred by limitation if it is signed within the deadline but is dispatched and served on the assessee after the expiry… Read More »

Advance sale of room nights receipts are not taxable as revenue receipts, dismissing revenue’s SLP.

By | June 4, 2026

Advance sale of room nights receipts are not taxable as revenue receipts, dismissing revenue’s SLP. Issue Whether the receipts from the advance sale of room nights by the assessee-firm are taxable as revenue receipts for the Assessment Year 2011-12, or if the Revenue’s Special Leave Petition (SLP) against the high court’s favorable order is liable… Read More »

Reassessment notices served on an NRI’s PAN or passport address are valid, but ex-parte orders without actual notice violate natural justice.

By | June 4, 2026

Reassessment notices served on an NRI’s PAN or passport address are valid, but ex-parte orders without actual notice violate natural justice. Issue Whether the reassessment proceedings and consequential recovery actions initiated against a Non-Resident Indian (NRI) assessee were valid when statutory notices were directed to the domestic address listed in her PAN and passport, but… Read More »

Corporate car and telephone disallowances for personal use are deleted absent changed business facts.

By | June 4, 2026

Corporate car and telephone disallowances for personal use are deleted absent changed business facts. Issue Whether the Tribunal was justified in sustaining a 1/6th disallowance of car and telephone expenses on the grounds of personal use by a corporate assessee, especially when identical disallowances were deleted in preceding assessment years and no striking change in… Read More »

Retrospective amendment justifies rectification of past Tribunal orders via revenue’s miscellaneous application.

By | June 4, 2026

Retrospective amendment justifies rectification of past Tribunal orders via revenue’s miscellaneous application. Issue Whether the Income Tax Appellate Tribunal is justified in entertaining a miscellaneous application to rectify its previously passed final order based on a subsequent legislative amendment to Section 80P(2)(a)(iii) that was enacted with retrospective effect. Facts The assessee is a cooperative society… Read More »